Human Resource Blog

NJ STD Benefits

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

I am a salaried employee of small company (50 people) based in NJ. I was recently rushed to the hospital for gallbladder surgery and my company is not paying me anything for the three weeks I am out. Is that correct? By law shouldn’t I receive at least 2/3 my salary? I have been with the company for 2 years. Thank you

You are probably entitled to benefits, but they would be from the state office of Disability Insurance or a private insurance carrier, not the employer.

 

Most workers who are temporarily disabled are entitled to payments under the state-wide New Jersey Temporary Disability Income program, or TDI. (Workers who become disabled permanently, or who develop a temporary disability while unemployed, are covered under separate programs.)

 

All New Jersey employers covered by the unemployment law are required to participate in the Temporary Disability Income program.

 

New Jersey is one of only 5 U.S. states that have mandatory temporary disability benefit programs that cover most of the employers in the state. The other states are New York, Hawaii, California and Rhode Island.

 

In general, the New Jersey disability program provides 66% of usual wages for an employee who loses their income due to a temporary disability. The maximum payment for claims filed in 2007 is $502 per week. For claims filed in 2008, it is $526 per week.

 

In order to qualify for New Jersey disability, the employee must be unable to work for 7 days or more, and under medical care. The temporary disability must not be self-inflicted or the result of a criminal act. Benefits are not paid to workers who are receiving other payments, such as sick time. A New Jersey worker must earn $143 per week for 20 weeks, or $7,200 in the past 52 weeks, to qualify for disability benefits.

 

From the description above, it certainly sounds like you qualify.

 

The New Jersey program is even more unusual because it offers employers two options – a state disability plan, or a private disability plan. Employers can choose which plan to participate in, but most employers must participate in one or the other.

 

When the employer participates in the state plan, the worker files a claim for disability benefits directly with the state office of Disability Insurance in Trenton. This is normally done by mail. Claim forms are available online here.

 

Normally, claims should be filed within 30 days of the beginning of the disability, however, there is a procedure in place for later filing of claims.

 

Some NJ employers do participate in a private disability plan.  Employees under a private plan use an application provided by their employer, which is forwarded to the employer’s insurance carrier. The insurance carrier makes a determination whether or not the worker is entitled to temporary disability benefits. This decision can be appealed to the Division of Temporary Disability Insurance within one year.